H. B. 2130
(By Delegates Moye, Staggers, Manypenny and Hamilton)
[Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then the
A BILL to amend and reenact §60A-4-410 of the Code of West
Virginia, 1931, as amended, relating to the possession of
multiple prescribed medications or prescriptions for
controlled substances with the same or similar therapeutic
medical purposes, exceptions, limitations and criminal
Be it enacted by the Legislature of West Virginia:
That §60A-4-410 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-410. Prohibited acts -- Withholding information from
practitioner; additional controlled substances;
possession of multiple prescriptions of same or
similar drug; penalties.
(a) It is unlawful for a patient, in an attempt to obtain a
prescription for a controlled substance, as defined in this
chapter, to knowingly withhold from a practitioner that the patient
has obtained a prescription for a controlled substance of the same
or similar therapeutic use in a concurrent time period from another
_____(b) For the purpose of this subsection, the word
"prescription" means either:
_____(1) A written prescription for a controlled substance; or
_____(2) An amount of a controlled substance obtained as a result
of a written prescription.
_____(c) (1) For the specific controlled substances listed in
subdivision (2) of this subsection, it is unlawful for a patient to
possess more than two prescribed medications or current
prescriptions of a particular controlled substance or other
controlled substance of the same or similar therapeutic use if any
of the prescriptions are filled within seventy-two hours of each
other unless the patient can provide an affidavit from a
practitioner explaining why the multiple prescriptions are
_____(2) Controlled substances prohibited by this section include
Schedules II, III and IV drugs.
(b) (d) Any A person who violates this section is guilty of a
misdemeanor and, upon conviction thereof, may be confined in jail for not more than nine months, or fined not more than $2,500, or
both fined and confined.
(c) (e) The Each offense established by this section is in
addition to and a separate and distinct offense from any other
offense set forth in this code.
NOTE: The purpose of the bill is to establish prohibited acts
relating to possession of controlled substances obtained from more
than one health practitioner.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would